Why you need an independent Spanish solicitor (abogado)

Buyers and sellers alike, often don't realise the importance of employing a qualified solicitor. Choosing not to do so is very risky indeed.

Many have the misconception that they don't need a solicitor to complete their purchase / sale because they can use the Notary instead.

In this section, we explain both the role of the Notary and solicitor within the buying and selling process and explain how to keep yourself safe.

The role of the Notary

Notaries are Spanish Government appointed officials who ensure that the correct legal processes are followed after the Title Deeds have been drawn up.

They witness the sale and create the formal documentation that puts the transaction on public record.

They check for fraud, ensuring that the buyer and seller are who they say they are.

They also ensure that payment for the property is given / received in accordance with the law and that the appropriate taxes are paid.

Notaries do not act on behalf of the buyer or seller. If they realise that any of the terms and conditions within the Title Deeds are not in the best interests of either party, they are under no obligation to tell you so.

In summary, the Notary acts on behalf of the Spanish Government, not an individual.

The role of the solicitor

Using the services of an independent solicitor, who is an expert in Spanish property law, is vital in order to protect your interests.

Buyers and sellers must never use the same solicitor as there is a conflict of interests.

Usually, the best way to find a good solicitor is through personal recommendation.

The solicitor acting on behalf of the seller

It is wise to get your solicitor started with the paperwork as soon as possible. If they have everything ready to give to the buyer's solicitor, it will make your sale proceed quicker.

What they will do for you:

• Ensures that the Title Deeds (Escritura) are in order in preparation for the sale
• Advise on any tax liabilities and costs to complete the sale
• Prepare the contract of sale
• Facilitate the sale by liasing with the buyer's solicitor
• Provide the necessary information for the Notary to transfer the property
• Arrange for the payments to be made to you
• Arrange for the completion of the sale and attend the Notary with you
• Arrange for any taxes due to be paid

This is the minimum service that they should provide for you.

Key questions to ask your solicitor

• How will I know that my property has all the necessary planning permissions and licences?
• How do I know that my Title Deed documentation is in order?
• What documentation do I need to hand if a buyers ask?
• What are tax retentions and do they apply to me?
• How should I manage 'declared values'?
• What should I do if I receive an offer on my property?
• How much should the initial deposit be and is it paid to me straight away?
• If the deposit is not paid to me straight away, where is it held?
• What happens at the Notary?
• Will you arrange for any taxes due to be paid?
• What are your charges? What do they include / exclude?
• What recourse do I have if something goes wrong?

Finding your English speaking solicitor

A personal recommendation is always the best way.

Failing this, click here for our list of English speaking solicitors in Spain
or try searching on the internet.

Note, we have no affiliation with any of them and cannot make recommendations.

If you know of any English speaking solicitors in your area, please do let us know and we'll add it to our list.